Appellate Division of the Supreme Court of the State of New York October 1, 2002, Appeal No. 1 (Tasseff v. Nussbaumer & Clarke, Inc.)

—Appeal from an order of Supreme Court, Erie County (Makowski, J.), entered May 24, 2001, which, inter alia, denied plaintiffs’ motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of defendant’s cross motion seeking dismissal of Tasseff Terrace Homes, Inc.